Strategic Communication: Restricting the Free Speech of Retired Officers

Abstract

Retired flag officers should refrain from public speaking and commentary on matters related to current military activities, particularly at the theater-strategic and operational levels of war. There are many legal and practical reasons why retired flag officers should restrict free-flowing public speech on matters related to ongoing operations in which they have in-depth knowledge. This monograph examines how unrestricted speech can adversely impact an operational commander's strategic communications, fall outside the bounds of military professionalism, and undermine the civilian-military relationship in the United States, thus providing a basis for statutory limitations on speech by retired flag officers. From a legal and regulatory perspective, this analysis evaluates which statutes and Department of Defense directives restrict the public speech of active duty members and whether those restrictions apply to retired officers. The discussion then presents the most common arguments against restricting the public speech of retired officers and concludes with a recommendation that Congressional legislation aimed at clarifying the expectations for free speech of retired generals and admirals be enacted.

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Document Details

Document Type
Technical Report
Publication Date
Oct 31, 2008
Accession Number
ADA494308

Entities

People

  • William W. Gideon

Organizations

  • Naval War College

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Active Duty
  • Congress
  • Court Martial
  • Department Of Defense
  • Fluids
  • Freedom Of Speech
  • Governments
  • Iraqi-War
  • Law
  • Military History
  • Military Operations
  • National Security
  • New York
  • Strategic Communications
  • United States
  • United States Central Command
  • War Colleges

Readers

  • Government and Public Administration Law.
  • Joint Military Operations and Doctrine.
  • Military History of the United States in the 20th Century.